1.

Judiciary Independence

Judiciary Independence means judiciary should be free from other branches of the government. Judicial
Independence is important for separation of power. This concept can be traced back to 18th century
England.

Importance
Judicial Independence helps to safeguard the rights and privileges provided by a limited constitution and
prevents executive and legislative encroachment upon those rights. Rule of law means all the authority
and power must come from an ultimate source of law. The effectiveness of the law and the respect that
people have for the law and the government which enacts it is dependent upon the judiciary’s
independence to mete out fair decision. The judiciary’s role in deciding the validity of presidential and
parliamentary election also necessitates independence of the judiciary.

On way to promote judicial independence is by granting life tenure or long tenure for judges, which
ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion,
even if those decisions are politically unpopular or opposed by powerful interests.

CONCLUSION:-

The independence of Indian judiciary is noticeable from the position the institution holds in the Indian
democratic system. The three judge’s transfer case and the quashing of the National Judicial
Appointments Commission makes such independence more evident. Courts have restored this
independence and has successfully fulfilled the pre-requisites of Rule of law. It is very imperative to
maintain the judicial independence as it keeps a check on the functioning of the other organs of the
government and acts like a watchdog, it interprets the constitution according to the constitutional
philosophies and it helps in resolving the disputes in an unbiased manner. It cannot be denied that the
makers of the constitution had predicted the need of an independent judiciary long back and had
incorporated judiciary long back and had incorporated the provisions to fulfill it’s needs.

2.Parliamentry Privileges:-
Parliamentary privilege is the sum of the peculiar rights enjoyed by each house collectively as a
constituent part of the High Court of Parliament and by Members of each House individually without
which they could not discharge their functions and which exceed those possessed by other bodies or
individual. These rights are mainly from the members of both the houses of Parliament. Apart from this
these rights are also given to the individual who speak and participate in any committee of the
Parliament which includes the Attorney general of India and The union ministers. It is necessary to tell
that the president even if he is part of Parliament does not have parliamentary privileges.

Parliamentary privileges can be broadly divided into two categories:-

A. Enjoyed by the members of Parliament collectively

B. Enjoyed by the members of Parliament individually
 A. The collective privilege of members of Parliament are as follows:-
1. No person can be initiated within the premises of the house without the
permission of the presiding officer of the house.
2. No court has the right to investigate proceedings of the house or any of it’s
committee
3. Parliament can punish members as well as outsiders for breach of it’s
privileges or it’s contempt by imprisonment

B.Individual privileges are as follows:-

1. When the Parliament is in session a member of Parliament or a privilege person may refuse
to apply in court or to present any evidence in a court
2. The member of Parliament can’t be arrested during the session of the Parliament and 40
days before the beginning and 40 days after the end of the session.